COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA FISH AND BOAT COMMISSION MINUTES FOR THE BOATING ADVISORY BOARD MEETING

COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA FISH AND BOAT COMMISSION MINUTES FOR THE BOATING ADVISORY BOARD MEETING Thursday, February 12, 2015 9:00 a.m. Harrisburg, Pennsylvania..................................... Laurel L. Anders Director Bureau of Boating and Outreach The Forty-Third Meeting of the Pennsylvania Fish and Boat Commission s Boating Advisory Board

Members Chair Henry Grilk Vice-Chair Mary Gibson Andrew Talento Loren Lustig Michael LeMole Members Ex Officio John A. Arway, Executive Director Laurel L. Anders, Secretary Ryan Dysinger for Cindy Adams-Dunn, Acting Secretary for the Department of Conservation and Natural Resources

TABLE OF CONTENTS Page No. I. Roll Call... 4 II. Introduction of Guests... 4 III. Election... 4 IV. Approval of Minutes: March 2014 Meeting... 4 V. Public Comment... 3 VI. Old Business A. Review of Final Rulemaking from 2014... 4 B. Summary of 2014 USCG Performance Report... 5 C. Boating Accident Analysis & Fatality Summary... 5 D. Water Rescue Update... 5 VII. New Business A. Amendments to Sections 97.1 (Personal Flotation Devices), 109.3 (Personal Watercraft), 109.4 (Waterskiing, Aquaplaning, Kiteskiing and Similar Activities) and 115.11 (Personal Flotation Devices)... 7 B. Amendment to Section 109.3 (Personal Watercraft)... 12 C. Amendment to Section 111.4 (Beaver County)... 14 D. Amendment to Section 111.9 (Bucks County)... 15 E. Amendment to Section 111.21 (Cumberland County)... 16 F. Amendment to Section 111.23 (Delaware County)... 18 G. Amendment to Section 111.39 (Lehigh County)... 19 H. Amendments to Chapter 111 (Special Regulations Counties)... 20 VIII. IX. Other Business Discussion Items A. Water Ski Flag Requirements... 37 B. Wear It Hunters! PFD Video... 37 Volume 53 Page 2

C. Operation Dry Water Update... 37 D. Announcement of NASBLA S 2014 Boating Officer of the Year Award. WCO Darrin Kephart... 37 E. Catch the Value! Speaking Points, FAQ and Ice Fishing Video... 37 X. Adjournment... 37 Volume 53 Page 3

I. Roll Call The meeting was called to order at 9:00 a.m. All members of the board were in attendance. A quorum was present. In addition to the members of the board, the following Commission staff were present: Andrew Shiels, Deputy Director for Field Operations; Colonel Corey Britcher, Director of Law Enforcement; Wayne Melnick, Assistant Counsel; Laurie Shepler, Chief Counsel; Brian Barner, Deputy Director for Administration; Bernie Matscavage, Director of Administration; Eric Levis, Press Secretary; John Shero, Director of Information Technology; Carl Richardson, Education Section Manager. II. Introduction of Guests Richard Raudabaugh, USCG Auxiliary District 5NR; Gene Schenk, Chesapeake Bay Yacht Clubs Association; Anne Marie Grilk, guest; and via telephone, Bob Brandenstein, United States Power Squadrons. III. Election Mary Gibson opened the floor for nominations for Chair. A nomination was made by Mary Gibson and seconded by Loren Lustig to elect Henry Grilk for Chair. Hearing no other nominations, Mary Gibson called for a motion to close nominations. A motion was made by Loren Lustig and seconded by Andrew Talento to close nominations for Chair. The motion carried. Mary Gibson called for a vote to elect Henry Grilk as Chair. All members of the board voted in favor and Henry Grilk was elected as Chair. Mary Gibson opened the floor for nominations for Vice Chair. A nomination was made by Henry Grilk and seconded by Loren Lustig to elect Mary Gibson for Vice Chair. Hearing no other nominations, Mary Gibson called for a motion to close nominations. A motion was made by Loren Lustig and seconded by Andrew Talento to close nominations for Vice Chair. The motion carried. Mary Gibson called for a vote to elect Mary Gibson as Vice Chair. All members of the board voted in favor and Mary Gibson was elected as Vice Chair. IV. Approval of the March 6, 2014 Meeting Minutes A motion was made by Mary Gibson and seconded by Loren Lustig to approve the March 6, 2014 minutes as written. The motion carried. V. Public Comment Richard Raudabaugh presented a summary of USCG Auxiliary efforts in boating safety for the previous year in Pennsylvania. Mr. Arway thanked Mr. Raudabaugh for services provided to Pennsylvania boaters by the USCG Auxiliary. VI. Old Business A. Review of Final Rulemaking from 2014. Laurel Anders provided a summary of final rulemaking that was enacted as a result of the Board s recommendations in 2014. Amendment to 95.3. Adopted the U.S. Coast Guard s language to clarify the requirements for lights for boats. Volume 53 Page 4

Amendment to 109.2. Added definition of Paddleboard and clarified the requirement of personal floatation devices for paddleboards. Amendment to 111.49. Reduced the length of the slow, no wake zone on the west branch of the Susquehanna River at Shikellamy State Park in the vicinity of Packer s Island. Ms. Anders also explained the current status of proposed rulemaking for an amendment to Section 109.4 which would have prohibited hydro flying devices on Commonwealth waters. The proposed amendment was tabled by the Board of Commissioners after receiving public comment and the Board requested more research regarding the subject. B. Summary of 2014 USCG Performance Report Laurel Anders provided an overview of the Commission s performance report to the U. S. Coast Guard for October 1, 2013, though September 30, 2014 (the federal fiscal year). During this period, Pennsylvania reported 21 recreational boating fatalities. This equates to an average of approximately 14.1 fatalities per year over a ten-year period which is a slight increase. There is no apparent trend year to year. The number of boat registrations continues to decrease slightly, most significantly in the small boat category (under 16 feet in length). The USCG currently calculates the average number of fatalities per 100,000 registered boats as the standard unit of measure. The current fatalities per 100,000 registered boats in Pennsylvania is slightly above 4 which is an increase from the previous reports of 3.5 fatalities per 100,000 registered boats. The Commission issued about 14,000 Boating Safety Education Certificates in 2014 via two on-line course providers (BOAT-Ed and BoaterExam), the home-study course and classroom courses taught primarily by the USCG Auxiliary, the U.S. Power Squadrons, and the Fish & Boat Commission. Mr. Grilk asks that the Commission provide the Board with statistical data in the future that will assist with the creation or modifications of regulations in order to reduce fatalities. The Board also requested the commission to gather statistics about unpowered boats in Pennsylvania. C. Boating Accident Analysis & Fatality Summary From January 1 to December 31, 2014, there were 70 reportable boating accidents resulting in 45 injuries requiring medical treatment. The most common type of accident was capsizing. Property damage amounted to $171, 950, with the largest accident comprising 29% of that amount. There were 17 fatal accidents with 17 fatalities in calendar year 2014. Three of the victims were wearing life jackets at the time of the incidents. Life jackets were carried onboard but not worn by eight victims. The remaining victims had none or insufficient life jackets onboard. D. Water Rescue Update Laurel Anders provided an update on the Commission s Water Rescue Program. The water rescue program has seen significant growth in the past three years. Over 38,000 students have completed training in the Commission s water rescue program since its inception in 1983. Since 2000, volunteers have provided over 83,000 hours of training. The Water Rescue Program now provides an Ice Awareness course along with Ice Rescue and Emergency Response. Along with teaching Ice Rescue to emergency personnel, the program is also being taught to partner organizations such as DCNR and the Game Commission. The Board expressed interest in learning more about rescues completed by emergency personnel who have completed water rescue training through the Fish & Volume 53 Page 5

Boat Commission s program in order to understand the impact of the courses. Some members of the board are also interested in observing or participating in a course. Volume 53 Page 6

NEW BUSINESS A. Amendments to Sections 97.1 (Personal Flotation Devices), 109.3 (Personal Watercraft), 109.4 (Waterskiing, Aquaplaning, Kiteskiing and Similar Activities) and 115.11 (Personal Flotation Devices). Commentary: On September 22, 2014 the United States Coast Guard (USCG) issued a final rule to remove references to type codes in its regulations on the carriage and labeling of USCG approved personal flotation devices (PFDs). Removing these type codes from USCG regulations will facilitate future incorporation by reference of new industry consensus standards for PFD labeling that more effectively convey safety information. It is also a step toward harmonization of our nation s regulations with PFD requirements in Canada and other countries. The final rule went into effect on October 22, 2014. The final rule removes references to type codes in USCG regulations on the carriage and labeling of USCG approved PFDs. This final rule removes type code language from USCG carriage requirements and from USCG regulations for labeling of new PFDs, but it does not make any changes to the number of wearable or throwable PFDs required. It also does not require any changes to any existing approved PFDs already purchased and in use. In the final rule, the USCG acknowledges that PFDs are typically carried on boats for several years and reaffirms that approved PFDs marked with type codes will still meet carriage requirements as wearable or throwable PFDs, as appropriate, as long as they remain in serviceable condition. Staff propose the following changes to 97.1: 97.1. Personal flotation devices. (a) Definitions. -- The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Immediately available. A PFD that is within arm s reach of the operator or passenger while the boat is being operated. A PFD that is stored in a protective covering or sealed in its original packaging is not immediately available. Personal Flotation Device or PFD. A life preserver that is approved by the Commandant, U.S. Coast Guard, under 46 CFR Part 160. Readily accessible. A PFD that is stowed where it can be easily reached, or is out in the open ready for wear. A PFD that is stored in a protective covering or sealed in its original packaging is not readily accessible. Volume 53 Page 7

Serviceable. When a PFD is fully functional to carry out the purpose for which it was designed and free of tears or defects in the material over the flotation material and the buckles, straps, zippers and other closures are operable. Throwable PFD. A PFD that is intended to be thrown to a person in the water. A PFD marked as throwable, Type IV, or Type V with Type IV performance is considered a throwable PFD. Unless specifically marked otherwise, a wearable PFD is not a throwable PFD. Wearable PFD. A PFD that is intended to be worn or otherwise attached to a person s body. A PFD marked as wearable, Type I, Type II, Type III, or Type V with Type (I, II or III) performance is considered a wearable PFD. (b) A person may not use a boat unless at least one [personal flotation device (PFD) of the following types] wearable PFD is on board for each person and the PFD is used in accordance with requirements of the approval label. [(1) Type I. (2) Type II. (3) Type III. (b)] (c) A person may not use a boat 16 or more feet in length unless one [Type IV] throwable PFD is on board in addition to the total number of PFDs required in subsection ([a]b). Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional [Type IV] throwable PFD. [(c) A Type V PFD may be carried in lieu of a PFD required under subsection (a) if: (1) The approval label on the Type V PFD indicates the device is approved for one of the following: (i) The activity in which the vessel is being used. (ii) As a substitute for a PFD of the type required on the vessel in use. (2) The PFD is used in accordance with requirements of the approval label. (3) The PFD is used in accordance with requirements in its owners manual, if the label makes reference to the manual.] (d) Required PFDs shall be in good, serviceable condition, legibly marked showing the Coast Guard approval number [whether it is a Type I, II, III, IV or V] and displaying Volume 53 Page 8

the PFD s intended or approved use. They shall be of an appropriate size, child or adult, for the person for whom it is intended. (e) [Types I, II and III] When not worn, wearable PFDs shall be stowed so as to be readily accessible. [Type IV, buoyant cushion and ring buoy designed for throwing or grasping rather than wearing,] Throwable PFDs shall be immediately available. [(1) Readily accessible means that PFDs are stowed where they can be easily reached, or are out in the open ready for wear. A PFD that is sealed in its original packaging is not readily accessible. (2) Immediately available means that the PFD cannot be in a protective covering and shall be within arm s reach of the operator or passenger while the boat is being operated. (3) A PFD that is sealed in its original packaging is neither immediately available nor readily accessible.] (f) This section does not apply to racing shells, rowing sculls and racing kayaks, such as manually propelled boats recognized by National racing associations for use in competitive racing, where the occupants row, scull or paddle with the exception of the coxswain, if one is provided, and which are not designed to carry and do not carry equipment not solely for competitive racing. (g) Coast Guard approved PFDs shall be acceptable as long as they are in good, serviceable condition with the approval clearly legible[, even though the type number may not be contained in the marking because they are earlier approved lifesaving devices. Serviceable means the PFD is fully functional to carry out the purpose for which it was designed and free of tears or defects in the material over the flotation material and the buckles, straps, zippers and other closures are operable.] (h) Children 12 years of age and younger shall wear an approved [Type I, II, III or V] wearable PFD while underway on any boat 20 feet or less in length and all canoes and kayaks. The operator of the watercraft violates this subsection if he does not cause a child 12 years of age or younger to wear a PFD as required by this subsection. (i) Beginning November 1 until midnight April 30 of the following year, a person shall wear a Coast Guard approved [Type I, II, III or V] wearable PFD while underway or at anchor on boats less than 16 feet in length or any canoe or kayak. Staff propose the following changes to 109.3: 109.3. Personal watercraft. Volume 53 Page 9

(b) It is unlawful for a person to operate, or be a passenger onboard, a personal watercraft on the waters of this Commonwealth unless the person is wearing a [Type I, II, III or V] United States Coast Guard approved wearable personal flotation device in accordance with 97.1 (relating to personal flotation devices). Inflatable personal flotation devices may not be used to meet this requirement. Staff propose the following changes to 109.4: 109.4. Waterskiing, aquaplaning, kiteskiing and similar activities. (f) PFDs. It is unlawful for a person to operate a boat on the waters of this Commonwealth for: (1) Waterskiing unless each person being towed is wearing a [Type I, II, III or V] United States Coast Guard approved wearable PFD in accordance with 97.1 (relating to personal flotation devices). Inflatable PFDs may not be used to meet this requirement. (2) Wake surfing unless the wake surfer is wearing a [Type I, II, III or V] United States Coast Guard approved wearable PFD in accordance with 97.1 or water ski wetsuit as defined in subsection (g). Inflatable PFDs may not be used to meet this requirement. (g) Water ski wetsuits. A person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump or trick skiing, or wake surfing may elect to wear a wetsuit designed specifically for the activity in lieu of the United States Coast Guard approved wearable PFD required in 97.1. A United States Coast Guard approved wearable PFD [of a type] described in 97.1 shall be carried in the tow boat for each skier electing to wear a water ski wetsuit. The nonapproved water ski wetsuit device shall meet the following criteria: Staff propose the following changes to 115.11: 115.11. Personal flotation devices. Volume 53 Page 10

It is unlawful to operate a boat carrying passengers for hire unless it carries sufficient, serviceable [Type I, II, III or V] United States Coast Guard approved wearable personal flotation devices in accordance with 97.1 (relating to personal flotation devices) to provide one for the maximum number of passengers and crew members indicated on the certificate. It is unlawful to operate a boat carrying passengers for hire unless it carries an additional number of personal flotation devices suitable for children equal to at least 10% of the maximum capacity of the boat. If more than 10% of the passengers are children, additional personal flotation devices sized for children are required. Briefer: Laurel L. Anders, Director, Bureau of Boating and Outreach Action: A motion was made by Andrew Talento and seconded by Loren Lustig to recommend this amendment to the Commission. The motion carried. Volume 53 Page 11

B. Amendment to Section 109.3 (Personal Watercraft). Commentary: Currently, Pennsylvania boating regulations require that a personal watercraft (PWC) must have a passenger capacity of three or more to be utilized in any waterskiing/towing activity and that the PWC must have a competent observer onboard in addition to its operator. Additionally, no more than one person may be towed behind any personal watercraft (regardless of whether the towing implement may be capable of holding multiple individuals). Individuals being towed behind a boat (e.g., conventional waterskiing, tubing, kneeboarding, parasailing, etc.) are considered to be passengers of the vessel and must be counted in regard to the boat s maximum passenger capacity. According to the Commission s regulations, a boat may not be operated when its number of passengers exceeds its safe carrying capacity. That is, the boat s maximum passenger capacity as noted by the manufacturer may not be exceeded. In 1998, the Commission added the term passenger to section 91.2 (relating to definitions) to clarify that any person(s) being towed by a boat must be counted in the total number of passengers on board a boat. Also in 1998, the Commission amended section 109.3 (relating to personal watercraft) to limit the number of persons being towed by a PWC to one. This amendment was a result of law enforcement officers noticing an increase in situations where PWC operators were exceeding the maximum passenger capacity by towing more than one skier while already having a full capacity on board the PWC. At the time this amendment was adopted, it is likely that the largest PWCs manufactured and on the market had a maximum passenger capacity of three. Since 1999, major manufacturers have produced larger, four-person PWCs that are on average 12 feet long by four to five feet wide, weighing about 800 pounds. The power and stability of these larger PWCs is comparable to open motorboats that are also used for towed watersports. Commission regulations do not, however, limit the number of persons that may legally be towed behind boats other than PWCs, except that the boat s maximum passenger capacity may not be exceeded. In 2005, the National Association of State Boating Law Administrators (NASBLA) revised and adopted model acts for Personal Watercraft and Maximum Loading and Horsepower Capacity Compliance. These acts are intended to establish requirements for the safe operation of PWCs and prohibit the operation of recreational vessels when they exceed the capacity limits identified on the vessel s capacity label or through calculations presented in the Code of Federal Regulations. In 2007, NASBLA revised and adopted a model act for Safe Practices for Boat-Towed Watersports providing best practices for water skiing, wake surfing and tubing activities and consistent language for states adoption. These model acts do not limit the number of individuals to be towed by a PWC as long as the vessel s passenger capacity is not exceeded by the total number of persons operating, observing and being towed. Volume 53 Page 12

Therefore, staff recommend modifying the PWC towing regulation to remove the prohibition of towing only one skier as long as the total passenger capacity of the vessel is not exceeded. The total number of persons being towed, when added to the occupants onboard the PWC (i.e., the operator, observer and any other passengers), cannot exceed the manufacturer s posted maximum passenger capacity of the PWC. For example, a four-person PWC may tow no more than two individuals simultaneously and a threeperson PWC may tow only a single individual. Staff propose the following changes to 109.3: 109.3. Personal watercraft. (f) [The operator of a personal watercraft with a capacity of two or less persons as determined by the manufacturer, may not tow waterskiers or engage in waterskiing or similar activities while operating a personal watercraft. Other personal watercraft may tow no more than one skier.] No person shall operate a personal watercraft towing another person on water skis or other device unless the total number of persons operating, observing and being towed does not exceed the specified number of passengers as identified by the manufacturer as the maximum safe load for the boat. Briefer: Laurel L. Anders, Director, Bureau of Boating and Outreach Action: A motion was made by Andrew Talento and seconded by Mary Gibson to recommend this amendment to the Commission. The motion carried. Volume 53 Page 13

C. Amendments to Section 111.4 (Beaver County). Commentary: The Little Beaver Creek originates in Ohio and there are two short sections that cross the border into western Beaver County, Pennsylvania. The uppermost section of the creek in Pennsylvania is less than 200 feet wide and shallow. The lower section of the creek in Pennsylvania, from the state line to the creek s mouth on the Ohio River, flows through the borough of Ohioville and varies in width. Some portions of this lower section are more than 200 feet wide and boats are not restricted to operating at slow, no wake speed. This lower section is used mostly for fishing, paddling, and accessing the Ohio River by use of the Ohioville Borough access area. Since it is difficult for boaters to determine the width of this lower section and whether they may operate at greater than slow, no wake speed, local staff recommend designating the lower section (from the mouth upstream to the state line) as a slow, no wake zone to minimize conflicts between the various user groups. Local staff also recommend including a provision in section 111.4 that the operation of boats powered by internal combustion motors is prohibited on Bradys Run Lake to conform with county regulations. Bradys Run Lake is a 28-acre lake in the center of the county, owned and operated by the Beaver County Recreation and Tourism Department. Staff propose the following changes to 111.4: 111.4. Beaver County. (b) Bradys Run Lake. The operation of boats powered by internal combustion motors is [(b)](c) Hereford Lake. The operation of boats powered by internal combustion motors is (d) Little Beaver Creek (Ohioville Area). Boats are limited to slow, no wake speed from the mouth upstream to the state line. [(c)](e) Raccoon Lake Raccoon Creek State Park. The operation of boats powered by internal combustion motors is Briefer: Laurel L. Anders, Director, Bureau of Boating and Outreach Action: A motion was made by Andrew Talento and seconded by Mary Gibson to recommend this amendment to the Commission. The motion carried. Volume 53 Page 14

D. Amendment to Section 111.9 (Bucks County). Commentary: The current wording in subsection (b) (relating to Neshaminy Creek) is confusing since there is no landmark or distinguishing characteristic (other than buoys during the boating season) to delineate the upstream boundary of the slow, no wake zone. The remainder of the stream is less than 200 feet wide. Therefore, boats are prohibited from operating at greater than slow, no wake speed. Local staff recommend simplifying the regulation by stating that the entire creek, from its headwaters to its confluence with the Delaware River, is a slow, no wake zone. This proposal is a simplification of language and is not an expansion of the current slow, no wake restrictions. Staff propose the following changes to 111.9: 111.9. Bucks County. (b) Neshaminy Creek. Boats are limited to slow, no wake speed [from the mouth of Neshaminy Creek to a point approximately 200 yards upstream from the Route 13 Bridge, a distance of approximately 1.5 miles] on the entire creek from its headwaters to its confluence with the Delaware River. Briefer: Laurel L. Anders, Director, Bureau of Boating and Outreach Action: A motion was made by Loren Lustig and seconded by Andrew Talento to recommend this amendment to the Commission. The motion carried. Volume 53 Page 15

E. Amendment to Section 111.21 (Cumberland County). Commentary: Currently, Commission regulations allow waterskiing on the Conodoguinet Creek in the vicinity of the Power Company Dam at Cave Hill. The measured stream width throughout a considerable portion of the current skiing area is approximately 200 feet and sometimes less at seasonal summer flow. Numerous staff who have patrolled this area over the years have expressed safety concerns as this area is not conducive to safe skiing activity. Therefore staff recommend eliminating the water skiing zone. Staff also recommend deleting the paragraph relating to swim zone areas since the Commission does not typically regulate these areas. Additionally, with the elimination of the water ski zone, boats will be prohibited from operating at greater than slow, no wake speed on the channel behind the island since it is less than 200 feet in width. Staff recommend deleting paragraph (5) since it will be redundant. Staff propose the following changes to 111.21: 111.21. Cumberland County. [(c) Power Company Dam (Cove Hill) Conodoguinet Creek. (1) Water skiing is permitted from 10 a.m. to 1 hour before sunset in a zoned area 500 feet below Pikes Pond on the east to Sandy Bottom on the west. Water skiing is prohibited at other times or in other areas. (2) This zoned ski area is open for fishing and cruising during the skiing period. Fishing and cruising rafts or boats may not be more than 50 feet from the south shore if any skiers are operating during the ski period. (3) Persons operating vessels in this ski area during the water skiing period shall operate in a counterclockwise fashion, insofar as it is reasonably possible, so as to pass a meeting boat on his own left side. Crisscrossing is forbidden. (4) Permission is granted to establish swim zone areas in the water ski zone area of the creek, in accordance with Chapter 113 (relating to aids to navigation and obstructions to navigation) out to 50 feet from the north shore. Permission is granted to establish swim zone areas in the dam areas, in accordance with Chapter 105 out to 75 feet from shore. (5) Boats are limited to slow, no wake speed in the channel behind the island from the breast of the dam to the inlet.] Volume 53 Page 16

Briefer: Laurel L. Anders, Director, Bureau of Boating and Outreach Action: A motion was made by Mary Gibson and seconded by Michael Lemole to recommend this amendment to the Commission. The motion carried. The Board also recommends that the Commission contact the local Boy Scouts to encourage the removal or modification of the current signs in the area. Volume 53 Page 17

F. Amendment to Section 111.23 (Delaware County). Commentary: Darby Creek is a tributary of the Delaware River in Delaware County, southwest of the city of Philadelphia. Darby Creek is currently posted by buoys and signage as a slow, no wake area under an existing Commission Permit to Install Floating Structures and Private Aids to Navigation. The permit includes slow, no wake buoys being placed at the mouth of Darby Creek with the designation continuing upstream to include a lagoon area in front of the Ridley Township Marina and another lagoon area at the mouth of Long Hook Creek. The Commission is responsible for installation and maintenance of the buoys which are in place from Memorial Day through October of each year. The area upstream of Long Hook Creek is less than 200 feet wide. Therefore, boats are prohibited from operating at greater than slow, no wake speed. Approximately 1 ½ miles upstream of Long Hook Creek is the refuge waters of the John Heinz National Wildlife Refuge at Tinicum. The refuge waters are tidal and navigable only within two hours before and after high tide. The section of Darby Creek between the mouth and the lagoons is barely wider than 200 feet and can be congested with boat traffic from the Ridley Township Marina. Additionally, there are four sets of bridge piers in the water in this section (i.e., railroad, drawbridge, Route 291 and I-95). Staff therefore recommend that 111.23(b) be amended to be consistent with the area delineated in the Permit to Install Floating Structures and Private Aids to Navigation and that the entire length of Darby Creek be designated as slow, no wake. This clarification does not significantly extend the current slow, no wake restrictions. Commission staff have preliminarily consulted with the Refuge Manager at John Heinz National Wildlife Refuge at Tinicum who has indicated support for the slow, no wake designation on Darby Creek. Staff propose the following changes to 111.23: 111.23. Delaware County. (b) [Tinicum Lagoons] Darby Creek. Boats are limited to slow, no wake speed on the entire creek from its headwaters to its confluence with the Delaware River. Briefer: Laurel L. Anders, Director, Bureau of Boating and Outreach Action: A motion was made by Loren Lustig and seconded by Andrew Talento to recommend this amendment to the Commission. The motion carried. Volume 53 Page 18

G. Amendment to Section 111.39 (Lehigh County). Commentary: The Commission s regulations currently prohibit water skiing on the Lehigh River at the Allentown Pool. This pool is between the Tilghman Street Bridge and the Hamilton Street Dam in Allentown. The City of Allentown owns and operates Bucky Boyle Park on the west shore of the river in this area. At one time the park had a swim beach, and safety concerns for the swimmers led to the restriction of water skiing in this area. The swim beach has since been eliminated from the park. Local staff recommend elimination of the water skiing prohibition in this area since it unnecessarily restricts boating activity. Staff propose the following changes to 111.39: 111.39. Lehigh County. [(a)] Leaser Lake. The operation of boats powered by internal combustion motors is [(b) Lehigh River Allentown Pool East. Water skiing is ] Briefer: Laurel L. Anders, Director, Bureau of Boating and Outreach Action: A motion was made by Andrew Talento and seconded by Loren Lustig to recommend this amendment to the Commission. The motion carried. Volume 53 Page 19

H. Amendments to Chapter 111 (Special Regulations Counties). Commentary: Under section 741 of the Fish and Boat Code (relating to control of property), the Commission may promulgate rules and regulations for the use and protection of all lands or waters owned, leased or otherwise controlled by the Commission. Accordingly, the Commission adopted 58 Pa. Code 53.8 (relating to boats) that, among other things, prohibits the use of internal combustion engines to propel a boat on Commission lakes. In 58 Pa. Code 107.2 (relating to electric motors), electric motors are permitted on Commission owned or controlled lakes and on State Park lakes where boating is permitted and the operation of internal combustion engines is specifically prohibited, except as otherwise specified in Chapter 111 (relating to special regulation counties). Staff s interpretation of 107.2 is that exceptions to the prohibition shall be listed in Chapter 111, but it is redundant to list specific waters where internal combustion engines (sometimes simply referred to as motors ) are prohibited on Commission owned or controlled lakes and on State Park lakes in Chapter 111. Therefore, in an effort to simplify Commission boating regulations, staff recommend removing redundant provisions from Chapter 111. Commission owned or controlled lakes where internal combustion engines are prohibited are posted as such on site and listed on the Commission s website. Additionally, some State Park lakes where internal combustion engines are permitted and horsepower restrictions exist or where boating is prohibited are currently not included in Chapter 111. Staff recommend that these lakes be added as part of the other amendments to this chapter. Staff therefore propose the following changes to Chapter 111: 111.4. Beaver County. [(a)] Beaver River. Boats are limited to slow, no wake speed from the mouth upstream to Mile 2.3. [(b) Hereford Lake. The operation of boats powered by internal combustion motors is (c) Raccoon Lake Raccoon Creek State Park. The operation of boats powered by internal combustion motors is ] 111.5. Bedford County. [Shawnee Lake. The operation of boats powered by internal combustion motors is ] Reserved Volume 53 Page 20

111.6. Berks County. (b) [Hopewell Lake French Creek State Park. The operation of boats powered by internal combustion motors is (c) Kaercher s Creek Lake. The operation of boats powered by internal combustion motors is (d) Scotts Run Lake French Creek State Park. The operation of boats powered by internal combustion motors is ] (e)] Schuylkill River; Kernsville Pool. Boats are limited to slow, no wake speed. 111.7. Blair County. [Canoe Creek. The operation of boats powered by internal combustion motors is ] Reserved 111.8. Bradford County. [Stephen Foster Lake Mt. Pisgah State Park. The operation of boats powered by internal combustion motors is ] Reserved 111.9. Bucks County. (a) [Levittown Lake. The operation of boats powered by internal combustion motors is (b)] Lake Nockamixon. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is (b) Neshaminy Creek. Boats are limited to slow, no wake speed from the mouth of Neshaminy Creek to a point approximately 200 yards upstream from the Route 13 Bridge, a distance of approximately 1.5 miles. Volume 53 Page 21

111.10. Butler County. [Glade Run Lake. The operation of boats powered by internal combustion motors is ] Lake Arthur Moraine State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is 111.11. Cambria County. [Duman Lake. The operation of boats powered by internal combustion motors is ] Glendale Lake Prince Gallitzin State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is 111.12. Cameron County. [George B. Stevenson Dam Sinnemahoning State Park. The operation of boats powered by internal combustion motors is ] Reserved 111.13. Carbon County. (a) Beltzville Lake Beltzville State Park. (1) The operation of boats powered by internal combustion motors is permitted. The speed of boats is limited to 45 mph. (2) Boats are limited to slow, no wake speed at Pine Run, Wild Creek and Pohopoco Creek Bays. [(2)] (3) Waterskiing is prohibited except between sunrise and sunset in the designated ski zone. Boats in this zoned area shall operate in a counter-clockwise direction. Boats not engaged in waterskiing shall remain outside the ski zone area while waterskiing is in progress. A boat may not tow more than one water ski device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day. [(3)] (4) It is unlawful to operate boats equipped with inboard engines with over-thetransom or straight stack type exhausts. Volume 53 Page 22

[(4)] (5) Kite skiing and parasailing are prohibited at all times. [(5) The speed of boats is limited to 45 mph.] (b) [Mauch Chunk Lake. The operation of boats powered by internal combustion motors is (c)] Francis E. Walter Dam. The use of motors in excess of 10 horsepower is 111.14. Centre County. (a) [Black Moshanon Lake Black Moshanon State Park. The operation of boats powered by internal combustion motors is (b) Colyer Lake. The operation of boats powered by internal combustion motors is (c) Poe Valley Lake Poe Valley State Park. The operation of boats powered by internal combustion motors is (d)] Foster Joseph Sayers Lake Bald Eagle State Park. (1) The operation of boats powered by internal combustion motors is permitted. The speed of boats is limited to 45 mph. [(1)](2) Boats are limited to slow, no wake speed in the following areas: (i) Hunters Run Cove inlet. (ii) The southern end of Hunters Run Cove in the vicinity of boat launching areas. (iii) The northern end of Hunters Run Cove from the inlet to the dam. (iv) Within 100 feet of either side of the Route 26 highway bridge. (v) From approximately 2,000 feet west of the Upper Greens Run launch ramp through the backwaters of the lake. [(2)](3) Waterskiing is prohibited in Hunters Run Cove. [(3)](4) It is unlawful to operate boats equipped with inboard engines with over-thetransom or straight stack type exhausts. [(4) The speed of boats is limited to 45 mph.] Volume 53 Page 23

111.15. Chester County. [(a) Marsh Creek Lake Marsh Creek State Park. The operation of boats powered by internal combustion motors is (b) Struble Lake. The operation of boats powered by internal combustion motors is ] Reserved 111.17. Clearfield County. (a) [Parker Lake Parker Dam State Park. The operation of boats powered by internal combustion motors is (b)] Treasure Lake. 111.18. Clinton County. [Alvin R. Bush Dam Kettle Creek State Park. The operation of boats powered by internal combustion motors is ] Reserved 111.19. Columbia County. [Briar Creek Lake. The operation of boats powered by internal combustion motors is ] Reserved 111.20. Crawford County. (a) Canadohta Lake. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 10 horsepower is (b) Conneaut Lake. The anchoring of boats is prohibited in the area along the western shoreline of the lake commonly referred to as the sand bar. The no anchor zone will extend along the shoreline to a line of buoys. (c) Pymatuning Reservoir Pymatuning State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is Volume 53 Page 24

(d) Sugar Lake. The use of motors in excess of 10 horsepower is [(d) Tamarack Lake. The operation of boats powered by internal combustion motors is ] (e) Woodcock Creek Lake. 111.21. Cumberland County. (a) [Laurel Lake Pine Grove Furnace State Park. The operation of boats powered by internal combustion motors is ] Fuller Lake Pine Grove Furnace State Park. Boating is [(b) Opossum Lake. The operation of boats powered by internal combustion motors is ] [(c)](b) Power Company Dam (Cove Hill) Conodoguinet Creek. 111.24. Elk County. East Branch Clarion River Lake Elk State Park. (1) The operation of boats powered by internal combustion motors is permitted. The speed of boats is limited to 45 mph. It is unlawful to operate boats equipped with inboard engines with over-the-transom or straight stack type exhausts. (2) Boats are limited to slow, no wake speed in the following areas: (i) Sevenmile Run Bay. (ii) South Fork/Straight Creek Bay. (iii) East Branch Clarion River Bay from the no-wake buoys to the extreme backwaters of the lake. (3) [The speed of boats is limited to 45 mph. Volume 53 Page 25

(4)] Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak. 111.26. Fayette County. [(a) Dunlap Creek Reservoir. The operation of boats powered by internal combustion motors is (b) Virgin Run Lake. The operation of boats powered by internal combustion motors is (c)] Youghiogheny River Lake. Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak. 111.29. Fulton County. [(a) Meadow Grounds Lake. The operation of boats powered by internal combustion motors is (b) Cowan s Gap Lake Cowan s Gap State Park. The operation of boats powered by internal combustion motors is ] Reserved 111.30. Greene County. [(a) Ronald J. Duke Lake Ryerson Station State Park. The operation of boats powered by internal combustion motors is (b)] Ten Mile Creek. It is unlawful to operate a boat in excess of slow, no wake speed. 111.31. Huntingdon County. (a) Greenwood Lake Greenwood Furnace State Park. It is unlawful to operate a boat powered by a motor. (b) Lake Raystown. Volume 53 Page 26

(b) [Whipple Lake. The operation of boats powered by internal combustion motors is (c)] Perez Lake. The operation of boats powered by internal combustion motors is 111.32. Indiana County. (a) [Hemlock Lake. The operation of boats powered by internal combustion motors is (b)] Conemaugh River Lake. (1) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak. (2) The operation of boats powered by internal combustion motors is (b) Yellow Creek Lake Yellow Creek State Park. The operation of boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horsepower is 111.33. Jefferson County. [(a) Kyle Lake. The operation of boats powered by internal combustion motors is (b) Cloe Lake. The operation of boats powered by internal combustion motors is ] Reserved 111.35. Lackawanna County. [(a) Lackawanna Lake Lackawanna State Park. The operation of boats powered by internal combustion motors is (b) Ford s Pond. The operation of boats powered by internal combustion motors is ] Reserved 111.36. Lancaster County. Volume 53 Page 27

(a) Lake Aldred Susquehanna River. Boats are limited to slow, no wake speed from the York County shoreline to the northern point of Urey Islands to the southern tip of Blair Island, and back to the York County shoreline. The area is about 1 mile in length. (b) [Speedwell Forge Lake. The operation of boats powered by internal combustion motors is (c)] Susquehanna River. Boats are limited to slow, no wake speed for both of the following: 111.37. Lawrence County. [Bessemer Lake. The operation of boats powered by internal combustion motors is ] Reserved 111.38. Lebanon County. [(a) Memorial Lake Memorial Lake State Park. The operation of boats powered by internal combustion motors is (b)] Stoever s Dam. The operation of boats powered by internal combustion motors is 111.39. Lehigh County. [(a) Leaser Lake. The operation of boats powered by internal combustion motors is (b)] Lehigh River Allentown Pool East. Water skiing is 111.40. Luzerne County. (a) [Frances Slocum Lake Francis Slocum State Park. The operation of boats powered by internal combustion motors is (b) Lake Jean Ricketts Glen State Park. The operation of boats powered by internal combustion motors is (c)] Lily Lake. Volume 53 Page 28

(1) Boats with greater than 60 horsepower engines or greater than 18 feet in length are (2) Boats are limited to slow, no wake speed except those operating within the buoyed high speed operating zone, between noon and sunset between the Saturday preceding Memorial Day and September 30. [(d) Mountain Spring Lake. The operation of boats powered by internal combustion motors is (e)](b) Francis E. Walter Dam. The use of motors in excess of 10 horsepower is [(f)](c) Harveys Lake. (1) The operation of boats powered by internal combustion motors is permitted. (2) The speed of boats is limited to 45 miles per hour from sunrise to sunset on weekends and holidays from the Saturday before Memorial Day through Labor Day. [(2)](3) The speed of boats is limited to slow, no wake speed between sunset and sunrise. 111.41. Lycoming County. (a) [Little Pine Dam Little Pine State Park. The operation of boats powered by internal combustion motors is (b) Rose Valley Lake. The operation of boats powered by internal combustion motors is (c)] Susquehanna River. Boats are limited to slow, no wake speed between Swimmers Island and the south shore of the Susquehanna River. [(d)](b) Pine Creek. Only boats powered by motors of 10 horsepower or less are permitted from the county line downstream to the Route 220 bridge. After January 1, 1995, the operation of internal combustion engines is 111.43. Mercer County. Volume 53 Page 29

(b) Lake Wilhelm Maurice Goddard State Park. The operation of boats powered by internal combustion motors is permitted except [The operation of boats powered by internal combustion motors is prohibited] from a point approximately 200 yards north of the Interstate 79 causeway over Lake Wilhelm upstream to the Game Commission Propagation Area above the Sheakleyville Causeway (State Route 1018, Milledgeville Road). 111.45. Monroe County. [(a) Gouldsboro Lake Gouldsboro State Park. The operation of boats powered by internal combustion motors is (b) Tobyhanna Lake Tobyhanna State Park. The operation of boats powered by internal combustion motors is (c) Brady s Lake. The operation of boats powered by internal combustion motors is (d)] Delaware River. The operation of personal watercraft is prohibited within the Delaware Water Gap National Recreation Area. 111.48. Northampton County. (a) [East Bangor Dam. The operation of boats powered by internal combustion motors is (b) Minsi Lake. The operation of boats powered by internal combustion motors is (c)] Delaware River. The operation of personal watercraft is prohibited within the Delaware Water Gap National Recreation Area (upstream from mile 209.5). [(d)](b) Lehigh River. Boats are limited to slow, no wake speed in the main channel 150 feet upstream and 150 feet downstream from the Route 33 access ramp. 111.50. Perry County. [Little Buffalo Little Buffalo State Park. The operation of boats powered by internal combustion motors is ] Reserved Volume 53 Page 30

111.52. Pike County. (a) [Bruce Lake. Motors are ] (b)] Twin Lakes. [Motors are prohibited] It is unlawful to operate a boat powered by a motor. [(c)](b) Lake Wallenpaupack. [(d) Lower Lake/Upper Lake Promised Land State Park. The operation of boats powered by internal combustion motors is (e) Shohola Lake. The operation of boats powered by internal combustion motors is (f) White Deer Lake. The operation of boats powered by internal combustion motors is (g) Lake Minisink. The operation of boats powered by internal combustion motors is (h) Pecks Pond. The operation of boats powered by internal combustion motors is (i)](c) Fairview Lake. Boats are limited to slow, no wake speed from the Commission boat launch to the head of the cove. [(j)](d) Delaware River. The operation of personal watercraft is prohibited in the following areas: 111.53. Potter County. [Lyman Lake Lyman Run State Park. The operation of boats powered by internal combustion motors is ] Reserved 111.54. Schuylkill County. [(a) Locust Lake Locust Lake State Park. The operation of boats powered by internal combustion motors is Volume 53 Page 31

(b) Tuscarora Lake Tuscarora Lake State Park. The operation of boats powered by internal combustion motors is ] Reserved 111.55. Snyder County. [Walker Lake. The operation of boats powered by internal combustion motors is ] Reserved 111.56. Somerset County. [(a) Laurel Hill Lake. The operation of boats powered by internal combustion motors is (b)] Youghiogheny River Lake. [(c) Lake Somerset. The operation of boats powered by internal combustion motors is (d) High Point Lake. The operation of boats powered by internal combustion motors is (e) Cranberry Glade Lake. The operation of boats powered by internal combustion motors is ] 111.57. Sullivan County. [Hunters Lake. The operation of boats powered by internal combustion motors is ] Reserved 111.58. Susquehanna County. (g) [Stump Pond. The operation of boats powered by internal combustion motors is (h)] Tripp Lake. The operation of boats powered by internal combustion motors is Volume 53 Page 32

[(i)] (h) Upper Lake, New Milford Township. [Motors are prohibited] It is unlawful to operate a boat powered by a motor. 111.59. Tioga County. (a) [Beechwood Lake. The operation of boats powered by internal combustion motors is (b)] Cowanesque Lake. Boats are limited to slow, no wake speed in the following areas: [(c)](b) Hammond Lake. Boats are limited to slow, no wake speed from a buoy line across the lake in the vicinity of Ives Run to the extreme backwaters of the lake. [(d) Hills Creek Lake Hills Creek State Park. The operation of boats powered by internal combustion motors is (e) Nessmuk Lake. The operation of boats powered by internal combustion motors is (f)] (c) Tioga Lake. Boats are limited to slow, no wake speed in the following areas: [(g)](d) Pine Creek. Only boats powered by motors of 10 horsepower or less are permitted from the county line downstream to the Route 220 bridge. After January 1, 1995, the operation of internal combustion engines is 111.60. Union County. Halfway Lake -- R.B. Winter State Park. Boating is 111.61. Venango County. [(a) Kahle Lake. The operation of boats powered by internal combustion motors is (b)] Two Mile Run County Park. Volume 53 Page 33